On December 2017, the Plaintiff entered into a contract to supply ready-mixeds to the Defendant (hereinafter “instant supply contract”) and supplied ready-mixeds equivalent to KRW 14,723,280 (including value-added tax) to the Defendant on December 21, 2017.

The Defendant paid each of the costs of KRW 6,00,000,000 on December 20, 2017, and KRW 3,000,00 on December 21, 2017, to the Plaintiff as the supply price for ready-mixed under the instant supply contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff 5,723,280 won (=14,723,280 won - 9,00,000 won) out of the supply price of ready-mixed under the instant supply contract and damages for delay calculated at the annual rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from March 24, 2018 to May 31, 2019, which is obvious as the day following the delivery date of a copy of the instant complaint, as sought by the Plaintiff, to the Plaintiff.

[Plaintiff] Claim for damages for delay calculated at the rate of 15% per annum from the day after the duplicate of the complaint in this case is served to the day of complete payment. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is changed to 12% per annum from June 1, 2019 to the day of full payment. Thus, Plaintiff’s claim for damages for delay from June 1, 2019 to the day of full payment.